Overburdened courts let accused walk free

B.C.'s chief provincial judge and a top police officer say a shortage
of judges means accused are escaping justice.

Kim Pemberton and Dawn Brett Vancouver Sun

B.C.'s chief provincial court judge and the president of the B.C.
chiefs of police say they are becoming increasingly frustrated by an
overburdened judiciary.

They were commenting after a Burnaby man walked away from a drug
trafficking charge because it took too long for his case to come to
trial. The trial judge ruled the man's right to a speedy trial had
been breached.

Chief provincial court Judge Robert Metzger said it's not uncommon to
see accused persons walk away from charges because the judiciary is
overloaded.

"We're getting busier and busier," he said of some provincial courts.
"It's unacceptable, but we only have x amount of dollars to work
with."

Burnaby RCMP Superintendent Bob Fenske, president of the B.C. chiefs
of police, said the Burnaby case is not unique.

"It's happening in all municipalities. . . it's very frustrating for
the [police] members and indeed the court," he said.

"The bottom line is courts are overbooked. There aren't enough judges
and courtroom facilities to handle everyone."

On Aug. 22, Burnaby provincial court Judge Daniel Steinberg issued a
stay of proceedings in a case against Darryl Driscoll, who had been
charged with possession of nearly a kilogram of marijuana for the
purpose of trafficking.

Steinberg noted Driscoll had been required to attend court a total of
19 times since September 1994 and consequently lost his right to a
speedy trial.

Steinberg said the case illustrated "with abundant clarity" how
overloaded the court system is in B.C.

"Society deserves far better than what they received in this case," he
added.

Metzger said he's aware of the growing problem, particularly in the
North Fraser, South Fraser and Prince George areas.

He said he has raised the issue of overbooked courts with the
attorney general's office, and a meeting is scheduled next week to
discuss the matter further.

Fenske said the chiefs of police are also working with the criminal
justice branch to find solutions.

He said financial restraints mean it is unlikely that more judges will
be hired or more courtrooms built. One solution may be to encourage
alternative mechanisms in which mediators would try to bring offenders
and victims together outside of court, he said.

Minor thefts and vandalism could be dealt with in this fashion
"instead of hauling everyone into court," he suggested.

Kate Thompson, an official with the attorneygeneral's ministry said
statistics on stays of proceedings are not broken down to record the
circumstances under which they were issued.

She said the ministry is doing a review to determine the extent of the
problem and find ways to deal with it. Thompson said it's not known
when the report will be completed but that it is a ministry priority.